NEW JERSEY REGISTER
VOLUME 37, NUMBER 15
MONDAY, AUGUST 1, 2005
RULE PROPOSAL
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL PLANNERS
STATE BOARD OF PROFESSIONAL PLANNERS RULES

Proposed Readoption with Amendments: N.J.A.C. 13:41

Authorized By: State Board of Professional Planners, James Hsu, Executive Director.

The State Board of Professional Planners (the Board) is proposing to readopt
N.J.A.C. 13:41 with amendments. Pursuant to Executive Order No. 66(1978)
and N.J.S.A. 52:14B-5.1c, these rules are scheduled to expire on December
20, 2005. In compliance with the Executive Order, the Board undertook a
thorough review of the existing provisions of N.J.A.C. 13:41 in order to
delete unnecessary or unreasonable rules and to clarify existing provisions.
The Board believes that the rules proposed for readoption, as amended, are
necessary, reasonable, understandable and responsive to the purpose for which
they were promulgated. The following is a summary of the subchapters of
N.J.A.C. 13:41 which the Board proposes to readopt, as well as a summary of
the proposed amendments.

The Board proposes to readopt without amendment Subchapter 1 which sets forth
the rules governing the seal that a professional planner must obtain and use.
Specifically, N.J.A.C. 13:41-1.1 sets forth the requirement that every
licensed professional planner must obtain a seal containing the planner's name,
license number and the legend "licensed professional planner" in the design
authorized by the Board. N.J.A.C. 13:41-1.2 sets forth where a licensed
professional planner must sign and date a document. N.J.A.C. 13:41-1.3 sets
forth the document sealing requirements for licensed professional planners.

Subchapter 2 sets forth the rules governing misconduct. The Board proposes to
readopt with a technical amendment N.J.A.C. 13:41-2.1, which sets forth the
numerous practices of professional planning that would constitute misconduct.
The technical amendment proposed by the Board will correct the statutory
citation to the statutes governing licensure of professional planners.

Subchapter 3 contains general provisions of the Board. N.J.A.C. 13:41-3.1
is reserved. The Board proposes to amend N.J.A.C. 13:41-3.2 which sets forth
the fee schedule. A proposed amendment to this section will clarify that the
Board sets the fee only for the State part of the examination which it
administers. The National part of the examination is administered by the
American Institute of Certified Planners (AICP) which also sets the fee for
this part. The Board also proposes to add language concerning the fee for
inactive licenses which will be established in the future by the Director of
Consumer Affairs by rule. The Board proposes a technical amendment to
N.J.A.C. 13:41-3.3 which requires that only licensed professional planners
may be employed in certain titles held by employees of State and political
subdivisions. The proposed amendment will correct the name of the Board as it
is used in this section.

Subchapter 4 establishes the permissible division of responsibility in
submission of site plans and major subdivision plats. The Board proposes to
make a technical amendment to N.J.A.C. 13:41-4.1 which contains general
provisions concerning definitions and the preparation and submission of
preliminary and final site plans and major subdivision plats. The proposed
amendment will correct the citation of the "Municipal Land Use Law."
N.J.A.C. 13:41-4.2 provides that only licensed land surveyors can depict the
existing conditions on a site plan and that other closely allied licensed
professionals who can depict general locations of conditions on a site plan in
addition to other persons acceptable to the reviewing governmental entity.
N.J.A.C. 13:41-4.3 sets forth who can prepare the various aspects of the
site plan. N.J.A.C. 13:41-4.4 identifies which licensed professional is
allowed to prepare various components of major subdivision plans. N.J.A.C.
13:41-4.5 states that informal site plans not required by local ordinances are
excluded from this rule and that no municipal or county ordinance, policy or
action purporting to define the scope of professional activity of closely
allied licensed professionals in the preparation of site plans or major
subdivision will reduce or expand the scope of professional practice recognized
by the boards regulating those professions. The Board proposes a technical
amendment to N.J.A.C. 13:41-4.5 to correct grammar.

Subchapter 5 sets forth the requirements and procedures for applicants for
licensure and for license renewal by licensees. N.J.A.C. 13:41-5.1 sets
forth the purpose of the subchapter. N.J.A.C. 13:41-5.2 sets forth the
definitions of certain terms used in the subchapter. N.J.A.C. 13:41-5.3 sets
forth the licensing requirements for professional planners. The Board proposes
to amend N.J.A.C. 13:41-5.4 which sets forth the examination requirements
for applicants. A proposed amendment to this section will clarify that the two
parts of the examination consist of the National portion administered by the
AICP and the State portion administered by the Board and that applicants have
the responsibility to pay appropriate fees to the respective administrator of
each part of the examination. In addition, the proposed amendments clarify
language that requires applicants to file new applications and pay the
appropriate fees if they take and fail both parts of the examination or if they
fail to successfully complete both the National and State parts of the
examination within two years of application. Furthermore, the proposed
amendments clarify that an applicant must wait at least six months before
retaking a failed part of the examination. A proposed amendment also clarifies
that an applicant who is a licensed professional engineer, architect, landscape
architect or land surveyor and, therefore, exempt from taking the National part
of the examination may be re-examined upon filing a new application and the
payment of the application fee, provided that at least six months has elapsed
since the date that the applicant took that examination part. The Board
proposes to amend N.J.A.C. 13:41-5.5 which concerns the procedures for the
renewal of licenses, the suspension of licenses of those who fail to renew and
for the reinstatement of inactive and suspended licenses. Proposed amendments
to this section will clarify the procedures for reinstatement so that they
conform with the requirements of N.J.S.A. 45:1-7.2 regarding the information
that an applicant for reinstatement must provide. Specifically, the proposed
amendments provide that a license that is not renewed 30 days after its
expiration date will be suspended without a hearing. The proposed amendments
also require that a licensee whose license was suspended for failing to renew
and who seeks reinstatement must pay all past delinquent biennial renewal fees
in addition to the reinstatement fee and renewal fee for the current biennial
period and must submit an affidavit of employment listing each job held during
the period of license suspension. The proposed amendments also clarify that
applicants for reinstatement who have been inactive or suspended for over five
years must successfully complete the examination required for initial licensure
as a licensed professional planner.

The Board has determined that the comment period for this proposal shall be 60
days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is
excepted from the rulemaking calendar requirement.

Social Impact

The Board believes that the readoption of the existing rules will continue to
protect the health, safety and welfare of the citizens of New Jersey by
identifying those individuals who are qualified and legally authorized to
engage in the practice of professional planning. The rules positively affect
the regulated community by clarifying the varied aspects of the practice of
professional planning for the benefit of all licensed practitioners and
applicants for licensure. The readoption of N.J.A.C. 13:41 is essential in
order for the Board to continue to regulate the practice of professional
planners, to identify those individuals who are qualified to engage in the
practice of professional planning, and to ensure that every licensed
practitioner is aware of the procedures involved with licensure. The readoption
of N.J.A.C. 13:41 continues the accepted standards of the practice of
professional planning established by the Board and, by so doing, provides
licensed planners with a clear and comprehensive set of rules to guide them in
their professional practice. Accordingly, the Board believes that the rules
proposed for readoption will have a positive impact upon the licensed community
and upon the consumers they serve. The Board believes that the proposed
amendments to N.J.A.C. 13:41-2.1, 3.2, 3.3, 4.1, 5.4 and 5.5
will clarify the requirements for obtaining, renewing and reinstating a license
and will benefit applicants, licensees and the general public.

Economic Impact

The Board anticipates that the rules proposed for readoption and the proposed
amendments will not impose any new or additional costs upon applicants for
licensure, licensees or consumers. N.J.A.C. 13:41-1.1 will continue to
impose an economic impact upon licensees because every licensed professional
planner must obtain a seal containing the required information stipulated in
the rule.

Subchapter 2, concerning misconduct, will continue to impose an economic
impact upon those licensees who engage in any of the enumerated prohibited acts
outlined at N.J.A.C. 13:41-2.1.

N.J.A.C. 13:41-3.2, which sets forth the Board's fee schedule, will
continue to impose an economic impact upon licensees although no new or
additional fees will be imposed by the Board. The fee schedule sets forth the
fees for application for a professional planner or a planner-in-training
license; examination fees; initial license fee; biennial license fee and
renewal; late renewal fee; reinstatement fee; duplicate license; name change
and duplicate wall certificate.

Subchapter 4, which divides the responsibility for the submission of site
plans and major subdivision plats, will continue to exact some cost on the
professional planner's practice by prohibiting the licensee from performing
specific work that the licensee may be competent to perform but is excluded
based upon the rule and by statute. Any such cost may be passed on to consumers
in the cost of services; however, the Board believes that these costs will be
minimal and outweighed by the public benefit of ensuring proper conduct within
the profession.

Subchapter 5, concerning the issuance, renewal and reinstatement of licenses,
will continue to have an economic impact on applicants and licensees who are
required to comply with these provisions and pay the required fees for renewal
and reinstatement of their licenses. The Board believes that any economic
impact experienced by applicants for licensure or licensees as a result of the
rules proposed for readoption with amendments, is significantly outweighed by
the necessary consumer protection measures established by the rules in
N.J.A.C. 13:41.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for
readoption with amendments are subject to State statutory requirements and are
not subject to any Federal requirements.

Jobs Impact
The Board does not believe that the rules proposed for readoption with
amendments will either increase or decrease jobs in the State.

Agriculture Industry Impact

The rules proposed for readoption with amendments will have no impact on the
agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.,
requires the Board to give a description of the types and an estimate of the
number of small businesses to which the proposed readoption with amendments
will apply. Currently, the Board licenses approximately 3,100 professional
planners. If, for the purposes of the Act, Board licensees are considered
"small businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other
compliance requirements of the proposed readoption. The Act further requires
the Board to estimate the initial and annual compliance costs of the proposed
readoption, to outline the manner in which it has designed the proposed
readoption to minimize any adverse economic impact upon small businesses, and
to set forth whether the proposed readoption establishes differing compliance
requirements for small businesses.

The rules proposed for readoption and the proposed amendments will continue to
impose compliance requirements upon licensees. More specifically, N.J.A.C.
13:41-1.1, requires that every licensed professional planner obtain a seal
which contains the planner's name, license number and the legend "licensed
professional planner" in the design authorized by the Board. N.J.A.C. 13:41-
1.2 requires the planner to sign and date the document below the seal. The seal
must be fixed on the first page of a report and on each drawing if submitted
separately. On maps and drawings, a title block must be large enough to be
legible. The rule also prohibits the removal of a seal or title block from any
print or reproduction. N.J.A.C. 13:41-1.3 sets forth the requirements with
which a licensee must comply when sealing documents. More specifically,
N.J.A.C. 13:41-1.3(a) provides that every document issued by the licensed
professional planner must be signed and sealed except that no seal shall be
required on maps of existing land use, existing facilities or similar maps
indicating the findings of surveys or studies in mapped form. N.J.A.C.
13:41-1.3(b) imposes recordkeeping and compliance requirements since the rule
establishes that when multiple copies of a report are needed, the original copy
shall be sealed and all other copies shall include on the title page a
statement indicating that the original report was appropriately signed and
sealed in accordance with law. In addition, N.J.A.C. 13:41-1.3(b) requires
licensees to transmit an original sealed report to a client upon request.
N.J.A.C. 13:41-1.3(c) imposes a compliance requirement in that it requires
licensees to sign and seal map prints, but not original tracings, when
submitted as public documents.

N.J.A.C. 13:41-2.1, which enumerates the prohibited acts of licensed
professional planners, will continue to impose several reporting and compliance
requirements upon licensees. More specifically, N.J.A.C. 13:41-2.1(a) sets
forth that misconduct in the practice of professional planning includes: acting
for a licensee's client or employer in professional matters otherwise than as a
faithful agent or trustee; and disregarding the safety, health and welfare of
the public in the performance of the licensee's professional duties, such as
preparing or signing and sealing documents which are not in conformity with
accepted standards. If the client or employer insists that the licensee perform
such conduct, the licensee must notify the Board or other appropriate
governmental authority and withdraw from further service on the project. The
rule also prohibits using or approving the use of false, fraudulent, or
deceptive advertising; or charging for work not done or hours not spent. The
rule also prohibits a licensee from engaging in any activity which involves the
licensee in a conflict of interest, such as: rendering professional services,
or contracting to render such services, where the licensee's ability to
faithfully and objectively serve the client is materially compromised by other
personal, professional or financial interests or responsibilities; while a
licensee, or any firm with which the licensee is associated, is acting as a
member, advisor, employee or consultant to a governmental body or agency,
undertaking work for private clients where such work will be submitted to the
governmental body or agency for review and approval; while acting as a member,
advisor, employee or consultant to a governmental body or agency, participating
in the review, approval or recommendation for approval of plans,
specifications, reports or other professional work submitted on behalf of any
individual or entity with whom the licensee or any firm with which the licensee
is associated possesses any continuing or anticipated professional or financial
relationship. The rule requires a licensee to avoid any conflict by submitting
to the governmental body or agency a written notice of the licensee's refusal
from any participation in the matter before the governmental body or agency; or
permanently terminating, or declining to enter into, the professional or
financial relationship and providing the governmental body or agency with
written notice, while acting as a member or employee of a governmental body or
agency, soliciting or accepting a professional contract from the governmental
body or agency. However, where a licensee acts as an advisor or consultant to a
governmental body or agency, neither the licensee nor a firm with which the
licensee is associated, is precluded from accepting a professional contract
from the governmental body or agency and providing advice, recommendations and
counsel with regard to such work. The rule also prohibits a licensee from
accepting financial or other compensation or remuneration from more than one
interested party for the same service or for services pertaining to the same
work unless there has been full written disclosure and written consent obtained
from all interested parties and from material or equipment suppliers for
specifying their product or for recommending their employment by any party. The
rule also prohibits a licensee from accepting commissions or allowances,
directly or indirectly, from contractors or other persons dealing with the
licensee's client or employer in connection with work for which the licensee is
responsible to a client or employer; affixing the licensee's seal to any
documents which were not prepared by the licensee or by employees or
subordinates under the licensee's supervision; and permitting any person not
appropriately licensed pursuant to N.J.S.A. 45:14A-1 to act for or on behalf
of the licensee as a representative, surrogate or agent in an appearance before
any public or private body for the purpose of rendering professional planning
services.

N.J.A.C. 13:41-3.2, the Board's fee schedule, will continue to impose
compliance requirements with respect to payments mandated for the application
for a professional planner or a planner-in-training license; State part
examination fee; initial license fee; biennial license fee and renewal; late
renewal fee; reinstatement fee; duplicate license; name change and duplicate
wall certificate.

Subchapter 4, which sets forth the permissible division of responsibility in
submission of site plans and major subdivision plans, will continue to impose
compliance requirements upon licensees. N.J.A.C. 13:41-4.1 will continue to
impose compliance requirements upon licensees because the rule requires that
preparation and submission of the various elements of a preliminary or final
site plan or major subdivision plat must be within the professional scope of
the various professions. N.J.A.C. 13:41-4.2 imposes compliance requirements
upon licensees because this rule identifies those professionals authorized to
perform certain tasks involved in a site plan. More specifically, N.J.A.C.
13:41-4.2(a) provides that a survey can be only performed by a land surveyor.
N.J.A.C. 13:41-4.2(b) sets forth that vegetation, general flood plain
determination, or general location of utilities, buildings, or structures can
be performed only by an architect, planner, engineer, land surveyor, certified
landscape architect, or other person acceptable to the reviewing governmental
body. N.J.A.C. 13:41-4.3, concerning the preparation of site plan, imposes
compliance requirements because this rule sets out the aspects of a site plan
which may be performed by a professional planner, engineer, architect, or
certified landscape architect. N.J.A.C. 13:41-4.4, concerning the
preparation of a major subdivision plan, also imposes compliance requirements
because it establishes which professionals can perform each task for a major
subdivision plan. N.J.A.C. 13:41-4.5(a) imposes compliance requirements
because the rule provides that informal site plans, not required by local
ordinances are excluded from this rule. N.J.A.C. 13:41-4.5(b) also imposes
compliance requirements because the rule establishes that no municipal or
county ordinance, policy or action purporting to define the scope of
professional activity of architects, engineers, land surveyors, planners, or
certified landscape architects in the preparation of site plans or major
subdivisions shall reduce or expand the scope of professional practice
recognized by the regulating boards. The Board proposes an amendment to make a
grammatical correction.

Subchapter 5, concerning the licensing of professional planners, continues to
impose compliance requirements upon licensees. N.J.A.C. 13:41-5.3 sets forth
the requirements for applicants for licensure as professional planners,
including the education, examination, experience, and fee requirements imposed
by the Board. N.J.A.C. 13:41-5.4 sets forth the specific examination
requirements, including the payment of examination fees. N.J.A.C. 13:41-5.5
requires that a licensee who wishes to renew a biennial license must submit an
application and pay a fee. In addition, this section also sets forth the
requirements for inactive licensees and those whose licenses have been
suspended for failure to renew, including taking the examination required for
initial licensure if the individual had been on inactive status or suspended
for more than five years.

No additional professional services will be needed to comply with the rules
proposed for readoption with amendments. Moreover, the Board does not believe
that there will be any significant, additional economic impact upon licensees
as a result of the rules proposed for readoption with amendments. The Board
also believes that the rules proposed for readoption with amendments should be
uniformly applied to all licensees in order to ensure the health, welfare and
safety of the general public in the practice of professional planners; and,
therefore, no differing compliance requirements for any licensee are provided.

Smart Growth Impact

The Board does not anticipate that the rules proposed for readoption with
amendments will have any impact on the achievement of smart growth or on
implementation of the State Development and Redevelopment Plan, otherwise known
as the State Plan.

Full text of the rules proposed for readoption can be found in the New Jersey Administrative Code at N.J.A.C. 13:41.

Full text of the proposed amendments follows :

<< NJ ADC 13:41-2.1 >>

13:41-2.1 Enumeration of prohibited acts

(a) Misconduct in the practice of professional planning shall include, but not be limited to, the following:

1.-6. (No change.)

7. Permitting any person not appropriately licensed pursuant to N.J.S.A. 45:14A-1 <<+et seq.+>> to act for or on behalf of the licensee as a representative, surrogate or agent in appearance before any public or private body for the purpose of rendering professional planning services.

<< NJ ADC 13:41-3.2 >>

13:41-3.2 Fee schedule

(a) The fees charged by the State Board of Professional Planners shall be:

1. (No change.)

2. <<+State Part+>> Examination <<-Fees:->> <<+Fee $200.00+>><<-->>

<<-i. Combined National and State Examinations $275.00->>

ii. State Examination only $200.00<<-->>

iii. National Examination only $225.00<<-->>

3.-9. (No change.)

<<+10. Inactive License Fee (to be established by Director by rule)+>>

<< NJ ADC 13:41-3.3 >>

13:41-3.3 Employment of only licensed professional planners by State or political subdivisions

An employee of the State government or any of its subdivisions holding the civil service title of Director of Planning, Assistant Director of Planning or Supervising Planner, or in subdivisions which are not subject to the Civil Service Act, the equivalent of these titles, shall be deemed to be a Professional Planner in responsible charge of planning work. The employee shall hold a Professional Planners license issued by the <<+State+>> Board of Professional Planners.

<< NJ ADC 13:41-4 >>

SUBCHAPTER 4. PERMISSIBLE DIVISION OF RESPONSIBILITY IN SUBMISSION OF SITE
PLANS AND MAJOR SUBDIVISION PLATS

<< NJ ADC 13:41-4.1 >>

13:41-4.1 General provisions

(a) Definitions: All words, terms, and phrases shall be as defined in the Municipal Land Use <<-Act->> <<+Law+>>, N.J.S.A. 40:55D<<+-1+>> et seq.

(b) (No change.)

<< NJ ADC 13:41-4.5 >>

13:41-4.5 Effect of local ordinances

(a) (No change.)

(b) No municipal or county ordinance, policy or action purporting to define the scope of professional activity of architects, engineers, land surveyors, planners or certified landscape architects in the preparation of site plans or major subdivision<<+s+>> shall reduce or expand the scope of professional practice recognized by the boards.

<< NJ ADC 13:41-5 >>

SUBCHAPTER 5. LICENSING

<< NJ ADC 13:41-5.4 >>

13:41-5.4 Examination requirements

(a) <<-An->> <<+Except as provided in (g) below, an+>> applicant for licensure as a professional planner shall obtain a passing grade on both <<+ the National and State+>> parts of the professional planner examination.

<<-1.->><<+(b)+>> The <<-first->> <<+National+>> part of the examination, administered by the American Institute of Certified Planners (AICP), shall consist of the following subjects:

Recodify existing i.-iv. as <<+1.-4.+>> (No change in text.)

<<-2.->><<+(c)+>> The <<-second->> <<+State+>> part of the examination<<-, which shall be administered by the Board,->> shall cover planning law, procedures and practices as contained in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.<<+,+>> and the related planning requirements of New Jersey statutes and regulations which directly affect planning practices and procedures.

<<-(b) If a candidate qualifies to take the initial examination but does not pass, the applicant's application shall be held for a period of two consecutive years. After two years, if the applicant does not take the examination or does not pass the examination, a new application shall be filed with the Board.->>

<<+(d) An applicant shall pay the appropriate examination fee for each part the applicant will take or retake and shall make payment of the fee for the National part of the examination to AICP and payment of the fee for the State part to the Board.+>>

<<+(e) An applicant shall be required to file a new application with the Board and pay the appropriate application fee if the applicant:+>>

<<+1. Takes and fails both parts of the examination; or+>>

<<+2. Fails to successfully complete both parts of the examination within two years of his or her application to the Board.+>>

<<+(f) An applicant shall not retake a part of the examination until at least six months has elapsed since the date on which that part was last taken.+>>

<<-(c) A person->> <<+(g) An applicant, who is+>> licensed in New Jersey as <<-an->> <<+a professional+>> engineer, architect, landscape architect or land surveyor<<+,+>> is exempt from taking the <<- first->> <<+National+>> part of the examination and is only required to take the <<-second->> <<+State+>> part of the examination as described in <<-(a)2->> <<+(c)+>> above. <<+An applicant under this subsection, who has taken and failed the State part of the examination, may be re-examined upon filing a new application and the payment of the application fee, provided that at least six months has elapsed since the date that the applicant took that examination part.+>>

<< NJ ADC 13:41-5.5 >>

13:41-5.5 License issuance; renewal

(a)-(c) (No change.)

(d) A license that is not renewed within 30 days of its expiration date shall <<-expire->> <<+be suspended without a hearing+>>. Any individual who continues to practice with <<-an expired->> <<+a suspended+>> license after 30 days following the license expiration date shall be deemed to be engaged in unlicensed practice. Thereafter, the licensee shall be required to <<-apply->><<+:+>>

<<+1. Apply+>> for reinstatement <<-and to pay->><<+;+>>

<<+2. Pay+>> the reinstatement fee <<-as set forth in N.J.A.C. 13:41-3.2 in addition to->><<+,+>> the <<+renewal+>> fee for the current biennial period <<+and all past delinquent biennial renewal fees, as set forth in N.J.A.C. 13:41-3.2; and+>>

<<+3. Submit an affidavit of employment listing each job held during the period of suspended license which includes the name, address, and telephone number of each employer.+>>

<<+(e) A licensee who elected inactive status and has been on inactive status for five years or less may be reinstated by the Board upon completion of the following:+>>

<<+1. Submission of a completed application;+>>

<<+2. Payment of the current biennial renewal fee as set forth in N.J.A.C. 13:41-3.2; and+>>

<<+3. Submission of an affidavit of employment listing each job held during the period the licensee or registrant was on inactive status which includes the name, address, and telephone number of each employer.+>>

<<-(e)->><<+(f)+>> <<-An->> <<+In addition to any other requirements for reinstatement as set forth in (d) or (e) above, as applicable, an+>> individual whose license has been <<-expired->> <<+suspended or on inactive status+>> for a period more than five years shall successfully complete the examination required for initial licensure as a licensed Professional Planner.